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AMENDED  REGULATIONS 


<  I  i.\(   I'.K.N  I  .N< 


RKillT  OF  WAY  FOR  RAIFWA V  LINES 


(WITH  TELEGRAl'H  ANII  TKLKl'llONE) 


THROUGH  INDIAN   LANDS. 


1^ 


AMENDED  REGULATIONS 


CONCERNING 


RIGHT  OF  WAY  FOR  RAILWxVY  LINES 


(WITH  TELEGR.vrH  AND  TELEPHONE) 


throuCtH  ixdiax  lands. 


KC^^^?)^ 


REGULATIONS 

OF   THE 

DEPARTMENT  OF  THE  INTERIOR, 

UNDEK  ACT  OF  MARCH  2,  1899, 

CONCERNING  RIGHT  OF  WAY  FOR  RAILWAY,  TELEGRAPH,  AND 
TELEPHONE  LINES  THROUGH  INDIAN  LANDS,  AS  AMENDED 
APRIL  8,   1901. 


Department  of  ihe  Interior, 

Office  of  Indian  Affairs, 
Washington,  D.  C'.,  April  18,  1899. 
The  following"  regulations  are  prescribed  under  the  act  of  March  2, 
1899  (Public — No.  150),  granting  right  of  way  for  a  railway,  telegraph, 
and  telephone  line  through  any  Indian  reservation,  lands  held  by 
any  tribe  or  nation  in  Indian  Territory,  lands  reserved  for  agency 
or  other  purposes  connected  with  Indian  service,  or  allotted  lands: 

1.  By  said  act  a  right  of  way  is  granted  "tlirough  any  Indian  reser- 
vation in  any  State  or  Territory,  or  tlirough  any  lands  held  by  an  Indian 
tribe  or  nation  in  Indian  Territory,  or  through  any  lands  reserved  for 
an  Indian  agency  or  for  other  purposes  in  connection  with  the  Indian 
Service,  or  through  any  lands  which  have  been  allotted  in  severalty  to 
any  iTidividual  Indian  under  any  law  or  treaty,  but  which  have  not 
been  conveyed  to  the  allottee  with  full  power  of  alienation,"  to  any 
railroad  company  organized  under  the  laws  of  the  United  States  or  of 
any  State  or  Territory. 

permission   TO   SURVEY   OR   LOCATE   ROAD. 

2.  No  railroad  company  is  authorized  to  survey  or  locate  a  line  of 
road  through  or  across  any  of  said  lands  until  permission  from  the 
Secretary  of  the  Interior  has  first  been  obtained. 

3.  Any  railroad  company  desiring  to  obtain  such  permission  must 
file  its  application  therefor  in  this  office,  for  transmission  to  the  Secre- 
tary of  the  Interior.  Such  application  should,  in  as  particular  a  man- 
ner as  possible,  describe  the  proposed  line  of  road  within  the  lands 
named  in  this  act,  and  must  be  accompanied  by — 

First.  A  copy  of  its  articles  of  incor})oratioii,  duly  certified  to  by  the 
proper  officer  of  the  company  under  its  corporate  seal  or  by  the  secre- 
tary of  the  State  or  Territory  where  oiganized. 

Second.  A  copy  of  the  State  or  Territorial  law  under  which  the  com- 
pany was  organized,  with  the  certificate  of  the  governor  or  secretary 
of  the  State  or  Territory  that  the  same  is  the  existing  law. 

Third.  When  said  law  directs  that  the  articles  of  association  or  other 
papers  connected  with  the  organization  be  filed  with  any  State  or  Ter- 

3 


ritorial  ofticer,  the  certiticate  of  such  officer  that  the  same  have  been 
tiled  act'ordinj;  to  law,  with  the  date  of  the  tihng  thereof. 

Fourth.  AVlieu  a  ••onipany  is  operatinj;  in  a  State  or  Territory  other 
than  that  in  whi<'h  it  is  incorjwrated,  the  certificate  of  the  projHjr  officer 
of  the  State  or  Territory  is  re<|uired  that  it  has  complied  with  the  laws 
of  that  State  or  Territory  governing  foreign  corimrations  to  the  extent 
require<l  to  entitle  the  company  to  operate  in  snch  State  or  Territory. 

No  forms  are  prescribed  for  the  above  ]K)rtion  of  the  proofs  reijuired, 
as  each  case  must  be  governed  to  some  extent  by  the  laws  of  the  State 
or  Territory. 

Fifth.  The  official  statement,  under  seal  of  the  proper  officer,  that 
the  organization  has  been  completed;  that  the  company  is  fully  author- 
ized to  proceed  with  the  construction  of  the  road  according  to  the 
existing  law.    (b'orm  1.) 

Sixth.  An  affidavit  by  the  president,  under  the  seal  of  the  company, 
showing  the  names  and  designations  of  its  officers  at  the  date  of  the 
filing  of  the  proofs.     (Form  2.) 

Seventh.  If  certified  copies  of  the  existing  laws  regarding  such  cor- 
porations, and  of  new  laws  as  passed  from  time  to  time,  be  forwarded  to 
this  office  by  the  governor  or  secretary  of  any  State  or  Territory,  a  com- 
pany organized  in  such  State  or  Territory  may  tile,  in  lieu  of  the  require- 
ments of  the  second  subdivision  of  this  paragraph,  a  certificate  of  the 
governor  or  secretary  of  the  State  or  Territory  that  no  change  has  been 
made  since  a  given  date,  not  later  than  that  of  the  laws  last  forwarded. 

Eighth.  Satisfactory  evidence  of  the  good  faith  of  the  comi)auy  and 
its  financial  ability  in  the  matter  of  the  construction  of  the  proposed  road. 

4.  If  the  above  showing  has  been  made  in  connection  with  an  appli- 
cation for  right  of  way  over  the  public  lands  under  the  general  right- 
of-way  act  of  March  3, 1875,  a  reference  to  the  previous  application  will 
be  sufficient. 

PREPARATION    OF   MAPS   OF    LOCATION. 

5.  It  is  provided  by  the  third  section  of  this  act  that  ''before  the 
grant  of  such  right  of  way  shall  become  etfective  a  map  of  the  survey  of 
the  line  of  route  of  said  road  must  be  filed  with  and  approved  by  the 
Secretary  of  the  Interior." 

6.  All  mai)S  of  location  presented  for  ai)proval  under  this  a^ct  should 
be  tiled  with  this  office  and  should  be  drawn  on  tracing  linen  and  in 
duplicate. 

7.  Where  the  line  of  road  is  greatly  in  excess  of  20  miles  separate 
maps  should  be  tiled  in  20  mile  sections. 

8.  Where  right  of  way  is  desired  for  spurs  or  short  branch  lines  which 
will  not  greatly  enlarge  the  size  of  the  map,  they  may  be  shown  on  the 
same  map  with  the  main  line,  and  should  be  separately  described  in 
the  forms  by  termini  and  length.  For  longer  lines  separate  maps 
should  be  tiled.  (Jrounds  desired  for  station  purposes  may  be  indi- 
cated on  the  map  of  location  of  the  road,  but  separate  plats  of  such 
grounds  must  be  tiled  and  approved. 

9.  The  maps  should  show  any  other  road  crossed,  or  with  which  con- 
nection is  made,  and,  whenever  possible,  the  station  number  on  the  sar- 


vey  thereof  at  the  point  of  intersection.  All  such  intersecting  roads 
must  be  represented  in  ink  of  a  different  color  from  that  used  for  the 
line  for  which  the  applicant  asks  right  of  way.  Field  notes  of  the  sur- 
veys should  be  written  along  the  line  on  the  map.  If  the  map  would 
thereby  be  too  much  crowded  to  be  easily  read,  then  duplicate  field 
notes  should  be  filed  separate  from  the  map,  and  in  such  form  that  they 
may  be  folded  for  filing.  In  such  case  it  will  be  necessary  to  place  on 
the  map  only  a  sufficient  number  of  station  numbers  to  make  it  con- 
venient to  follow  the  field  notes  of  the  map.  The  map  must  also  show 
the  lines  of  reference  of  initial  and  terminal  points,  with  their  courses 
and  distances. 

10.  Typewritten  field  notes,  with  clear  carbon  copies,  are  preferred 
whenever  separate  field  notes  are  necessary,  as  they  expedite  the  exam- 
ination of  applications.  The  held  notes,  whether  given  on  the  maj)  or 
filed  separately,  must  be  so  complete  that  the  line  may  be  retraced 
from  them  on  the  ground.  They  should  show  whether  lines  were  run 
on  true  or  magnetic  bearings ;  and  in  the  latter  case  the  variation  of 
the  needle  and  date  of  determination  must  be  stated.  One  or  more 
bearings  (or  angular  connections  with  public  survey  lines)  must  be 
given.  The  ten-mile  sections  must  be  indicated  and  numbered  on  all 
lines  of  road  submitted. 

11.  The  scale  of  maps  showing  the  line  of  route  should  be  2,000  feet 
to  an  inch.  The  maps  may,  however,  be  drawn  to  a  larger  scale  when 
necessary;  but  the  scale  must  not  be  so  greatly  increased  as  to  make 
the  map  inconveniently  large  for  handling.  In  most  cases  by  furnish- 
ing separate  field  notes  an  increase  of  scale  can  be  avoided.  Plats  of 
station  grounds  should  be  drawn  on  a  scale  of  400  feet  to  an  inch,  and 
must  be  filed  separately  from  the  line  of  route.  Such  plats  should 
show  enough  of  the  line  of  route  to  indicate  the  position  of  the  tract 
with  reference  thereto. 

12.  The  termini  of  the  line  of  road  should  be  fixed,  by  reference  of 
course  and  distance  to  the  nearest  existing  corner  of  the  public  survey. 
The  map,  engineer's  affidavit,  and  president's  certificate  (Forms  3  and 
4)  should  each  show  these  connections.  The  company  must  certify  in 
Form  4  that  the  road  is  to  be  operated  as  a  common  carrier  of  passen- 
gers and  freight.  A  tract  for  station  grounds  must  be  similarly  refer- 
enced and  described  on  the  plat  and  in  Forms  7  and  8,  except  when 
the  tract  conforms  to  the  subdivisions  of  the  public  surveys,  in  wnich 
case  it  may  be  described  in  the  forms  according  to  the  subdivisions. 

13.  When  either  terminal  of  the  line  of  route  is  upon  unsurveyed 
land  it  must  be  connected  by  traverse  with  an  established  corner  of 
the  public  survey,  if  not  more  than  6  miles  distant  from  it,  and  the 
single  bearing  and  distance  from  the  terminal  point  to  the  corner  com- 
puted and  noted  on  the  map,  in  the  engineer's  affidavit,  and  in  the 
president's  certificate  (Forms  3  and  4).  The  notes  and  all  data  for  the 
computation  of  the  traverse  must  be  given. 

14.  When  the  distance  to  an  established  corner  of  the  public  survey 
is  more  than  6  miles,  this  connection  will  be  made  with  a  natural 
object  or  a  permanent  monument  which  can  be  readily  found  and 
recognized,  and  which  will  fix  and  perpetuate  the  position  of  the  ter- 


minal  )H)int.  The  map  mnst  show  the  positinn  of  such  mark,  and 
course  and  diatant'o  to  the  terminus.  There  must  be  jriven  an  accurate 
description  of  the  nuirk  and  full  data  of  the  traverse,  as  required 
above.  The  engineer's  affidavit  and  president's  certificate  (Forms  3 
and  4)  must  state  the  connections.  These  monuments  are  of  great 
imi)ortance. 

l."*.  Whenever  the  line  of  survey  crosses  a  township  or  section  line 
of  the  public  survey,  the  distance  to  the  nearest  existing  corner  should 
be  ascertained  and  noted.  The  map  or  plat  should  show  these  dis- 
tances and  the  station  numbers  at  the  points  of  intersection.  When 
field  notes  are  submitted,  they  should  also  contain  these  dist^inces 
and  station  numbers. 

16.  The  engineer's  affidavit  and  president's  certificate  must  be  writ- 
ten on  the  map,  and  must  both  designate  by  termini  and  length,  in 
miles  an«l  decimals,  the  line  of  route  for  which  right-of-way  application 
is  made.  (See  Forms  3  and  4.)  Station  grounds  must  be  described 
by  initial  point  and  area  in  acres  (see  Forms  7  and  8) ;  and  when  they 
are  on  surveyed  land  the  smallest  legal  subdivision  in  which  they  are 
located  should  be  stated.  Xo  changes  or  additions  are  allowable  in 
the  substance  of  any  forms,  except  when  the  essential  facts  ditier  from 
those  assumed  therein. 

SHOWING   TO    ACCOMPANY   MAP   OF   LOCATION. 

17.  It  is  further  provided  by  this  act — 

That  no  right  of  way  shall  be  granted  under  this  act  nntil  the  Secretary  of  the 
Interior  is  satisfied  that  the  company  applying  has  made  said  application  in  good  faith 
and  with  intent  and  ability  to  construct  said  road,  and  in  case  objection  to  the 
granting  of  such  right  of  way  shall  be  made,  said  Secretary  shall  atl'ord  the  parties 
so  objecting  a  full  opportunity  to  be  heard:  Provided  further.  That  where  a  railroad 
has  heretofore  been  constructed,  or  is  in  actual  course  of  construction,  no  parallel 
right  of  way  within  ten  miles  on  either  side  shall  be  granted  by  the  Secretary  of  the 
Interior  unless,  in  his  opinion,  public  interest  will  be  promoted  thereby. 

18.  In  tiling  maps  of  location  for  approval  under  this  act,  the  same 
should  therefore  be  accompanied  by  the  affidavit  of  the  president  or 
other  principal  officer  of  the  comi)any,  defining  the  pur])ose,  intent,  and 
ability  of  the  company  in  the  matter  of  the  construction  of  the  proposed 
road.  Further,  each  map  should  be  accompanied  by  evidence  of  the 
service  of  an  exact  copy  thereof  and  the  date  of  such  service,  a^s follows: 

1.  In  the  case  of  lands  in  any  Indian  reservation  or  reserved  for  any  purpose  in 
connection  with  the  Indian  service,  upon  the  agent  or  other  officer  in  charge. 

2.  In  the  case  of  lands  of  one  of  the  Five  Civilized  Tribes  in  Indian  Territory,  upon 
the  principal  officer  of  the  tribe  and  also  upon  the  Indian  agent  in  charge. 

3.  In  the  case  of  an  allotment  not  within  a  reservation  and  not  upon  lands  of  one 
of  the  Five  Civilized  Tribes,  upon  the  agent  or  other  oflicer  uniler  whose  sapervislon 
such  allotment  falls  and  upon  the  allottee  or  owner,  if  living  upon  or  in  the  vicinity 
of  the  allotment,  and  if  not  living  thereon  or  in  that  vicinity,  upon  the  person  in 
actual  possession  of  the  allotment,  and  if  no  person  be  in  actual  possession  thereof, 
then  by  posting  in  a  conspicuouH  place  upon  the  land  a  concise  notice  of  the  appli- 
cation for  the  right  of  way  across  tlie  same. 

4.  In  case  of  an  allotment  within  a  reservation  or  upon  lands  of  one  of  the  Five 
Civilized  Tri))e»,  in  a<Idition  to  the  service  required  by  subdivisions  1  or  2  hereof, 
whichever  is  applicable,  a  concise  written  notice  of  the  application  for  a  right  of 
way  across  the  allotment  shall  also  be  served  upon  the  allottee  or  owner  if  living 
upon  or  in  the  vicinity  of  the  allotment,  and  if  not  living  thereon  or  in  that  vicinity, 


upon  tlie  person  iu  actual  possession  of  the  allotment,  and  if  no  person  be  in  actual 
possession  thereof,  then  by  posting  in  a  conspicuous  place  upon  the  laud,  which 
notice  shall  recite  the  fact  that  a  copy  of  the  niaj)  of  the  proposed  rij^ht  of  way  may 
be  inspected  on  application  to  the  agent  or  oflicer  in  charge. 

5.  When  personal  service  upon  an  allottee  or  owner  of  allotted  land  is  not  liad, 
service  under  subdivisions  o  and  I  hereof  shall  be  accompanied  by  a  certificate  of 
the  agent  or  other  officer  under  whose  sui)ervision  the  allotment  falls,  stating  the 
existence  of  the  specific  facts  justifving  the  particular  manner  of  service  employed. 

19.  2^0  action  will  be  taken  upon  such  map  until  the  expiration  of 
twenty  days  from  tlie  date  of  such  service. 

20.  If  tlie  line  of  location  be  parallel  to,  and  witliiu  ten  miles  of,  a  rail- 
road which  was  in  course  of  construction,  or  actually  constructed,  at  the 
date  of  this  act,  it  must  be  sliown  wherein  the  public  interests  will  be 
promoted  by  the  construction  of  the  juoposed  road. 

^  APPROVAL  OF  MAPS  OF  LOCATION. 

21.  Upon  the  approval  of  a  map  of  location  by  the  Secretary  of  the 
Interior  the  duplicate  copy  will  be  forwarded  to  the  Commissioner  of 
the  General  Land  Office,  the  original  to  remain  on  tile  in  the  office  of 
the  Commissioner  of  Indian  Affairs. 

CONSTRUCTION   OF  ROAD. 

22.  A  railroad  company  will  not  be  permitted  to  proceed  with  the 
construction  of  any  portion  of  its  road  until  the  map  showing  the  loca- 
tion thereof  has  first  been  approved  by  the  Secretary  of  the  Interior. 

The  fourth  section  of  the  act  provides  as  follows: 

That  if  any  such  company  shall  fail  to  construct  and  put  in  operation  one-tenth 
of  its  entire  line  in  one  year,  or  to  complete  its  road  within  three  years  after  the 
approval  of  its  map  of  location  by  the  Secretary  of  the  Interior,  the  right  of  way 
hereby  granted  shall  be  deemed  forfeited  and  abandoned  ipso  facto  as  to  that  por- 
tion of  the  road  not  then  constructed  and  in  operation  :  Provided,  That  the  Secretary 
may,  when  he  deems  proper,  extend,  for  a  period  not  exceeding  two  years,  the  time 
for  the  completion  of  any  road  for  which  right  of  way  has  been  granted  and  a  part 
|of  which  shall  have  been  built. 

23.  By  the  terms  of  section  6  of  this  act  the  provisions  of  section  2 
of  the  act  of  March  3,  1875,  are  made  applicable  to  rights  of  way 
granted  in  this  act.     Said  section  2  is  as  follows: 

That  any  railroad  company  whose  right  of  way,  or  whose  track  or  roadbed  upon 
such  right  of  way,  passes  thi'ough  any  canyon,  pass  or,  defile  shall  not  prevent  any 
other  railroad  company  from  the  use  and  occupancy  of  said  canyon,  pass,  or  defile, 
for  the  purposes  of  its  road,  in  common  with  the  road  first  located,  or  the  crossing 
of  other  railroads  at  grade.  And  the  location  of  such  right  of  way  through  any 
canyon,  pass,  or  defile  shall  not  cause  the  disuse  of  any  wagon  or  other  public  high- 
way now  located  therein,  nor  prevent  the  location  through  the  same  of  any  such 
wagon  road  or  highway  where  such  road  or  highway  may  be  necessary  for  the  pub- 
lic acconunodation ;  and  where  any  change  in  the  location  of  such  wagon  road  is 
necessary  to  permit  the  passage  of  such  railroad  through  any  canyon,  pass,  or  defile, 
said  railroad  company  shall,  before  entering  upon  the  gi'ound  occupied  by  such  Avagon 
road,  cause  the  same  to  be  reconstructed  at  its  own  expense  in  the  most  favorable 
location,  and  in  as  jierfect  a  manner  as  the  original  road:  Provided,  That  such 
expenses  shall  be  equitably  divided  between  any  number  of  railroad  companies 
occupying  and  using  the  same  canyon,  pass,  or  defile. 


8 

24.  When  the  niilroad  is  constructed,  an  affidavit  of  the  enjafineer  and 
certificate  of  the  jn-esident  (Forms  5  and  it)  must  be  filed  in  this  office, 
in  duplicate.  If  a  change  from  tlie  route  indicated  upon  the  approved 
map  of  location  is  found  to  be  necessary,  en  account  of  engineering 
difficulties  or  otherwise,  new  mai)s  and  field  notes  of  the  chan;xed 
route  must  be  tiled  and  api)roved,  and  a  right  of  way  upon  such  changed 
lines  must  be  acquired,  damages  ascertained,  and  compensation  paid 
on  account  thereof,  in  all  respects  as  in  the  case  of  the  orij^'inal  location, 
before  construction  can  be  proceeded  with  upon  such  changed  line. 

ACQUIREMENT  OF  THE  RIGHT  OF  WAY  AND  ASCERTAINMENT  OF 
DAMAGES  OCCASIONED  BY  THE  CONSTRUCTION  OF  THE  EOAD. 

25.  Upon  the  approval  of  the  map  of  definite  location  specific  direc- 
tions will  be  given  in  the  matter  of  the  acquirement  of  the  right  of  way /^» 
and  determination  of  damages  occasioned  by  the  construction  of  the^^^ 
road. 

20.  The  aet  provides  that  before  the  grant  of  the  right  of  way  shall 
become  effective — 

the  conipauy  iiiiist  make  payment  to  the  Secretary  of  the  iDterior,  for  the  benefit  of 
the  tribe  or  nation,  of  full  compensation  for  such  right  of  way,  including  all  <lam- 
age  to  improvements  and  adjacent  lands,  which  compensation  shall  be  determined 
and  paid  under  the  direction  of  the  Secretary  of  the  Interior,  in  such  manner  as  be 
may  prescribe.  Before  any  such  railroad  shall  be  constructed  through  any  land, 
claim,  or  improvement  held  by  individual  occupants  or  allottees  in  pursuance  of  any 
treaties  or  laws  of  the  United  States,  compensation  shall  be  made  to  such  occupant 
or  allottee  for  all  property  to  be  taken  or  damage  done  by  reason  of  the  constraction 
of  such  railroad. 

PAYMENT  FOR  TRIBAL  LANDS. 

27.  The  conditions  on  different  reservations  throughout  the  country 
are  so  varied  that  it  is  deemed  inadvisable  to  prescribe  definite  rules 
in  the  matter  of  determining  the  tribal  compensation  and  damages  for 
riglit  of  way.  As  a  rule,  however,  the  United  States  Indian  agent,  or  ^^ 
a  special  United  States  Indian  agent,  or  IncHan  inspector,  will  be  des- 
ignated to  determine  such  compensation  and  damages,  subject  to  the 
approval  of  the  Secretary  of  the  Interior. 

ALLOTTED  LANDS  AND  LANDS  OCCUPIED  UNDER  INDIAN  CUSTOM. 

28.  Railway  companies  should  not  inde])endently  attenii)t  to  negotiate 
with  the  individual  occupants  and  allottees  for  right  of  way  and  dam- 
ages. When  the  lands  are  not  attached  to  an  agency  some  proper 
person  will  be  designated  to  act  with  the  allottee  in  determining  the 
individual  damages.  Where  such  lands  are  attached  to  an  Indian 
agency,  the  United  States  Indian  agent  or  other  proper  person  con- 
nected with  the  Indian  service  will  be  designated  to  act  with  and  for 
the  allottees  or  occupants  in  the  matter  of  determining  individual  dam- 
ages for  right  of  way,  subject  to  the  approval  of  the  Secretary  of  the 
Interior. 


29.  The  act  provides  that — 

In  case  of  failure  to  make  amicable  settlement  with  any  such  occupant  or  allottee, 
such  compensation  shall  he  determined  hy  the  appraisement  of  three  disinterested 
referees  to  he  appointed  hy  the  Secretary  of  the  Interior,  who,  before  entering 
upon  the  duties  of  their  appraisement,  shall  take  and  subscribe  before  competent 
authority  .an  oath  that  they  will  faithfully  and  impartially  discharge  the  duties  of 
their  appointment,  which  oath,  duly  certified,  shall  be  returned  with  their  award 
to  the  Secretary  of  the  Interior.  If  the  referees  can  not  agree  then  any  two  of  them 
are  authorized  to  make  the  award.  Either  party  being  dissatisfied  with  the  finding 
of  the  referees  shall  have  the  right  within  sixty  days  after  the  making  of  the  award 
and  notice  of  the  same  to  appeal,  in  case  the  land  in  question  is  in  the  Indian  Territory, 
by  original  petition  to  the  United  States  court  in  the  Indian  Territory  sitting  at  the 
place  nearest  and  most  convenient  to  the  property  sought  to  be  condemned;  and  if 
said  land  is  situated  in  any  State  or  Territory  other  than  the  Indian  Territory,  then 
to  the  United  States  district  court  for  such  State  or  Territory,  where  the  case  shall 
be  tried  de  novo,  and  the  judgment  for  damages  rendered  by  the  court  shall  be 
I  final  and  conclusive.  "When  proceedings  are  commenced  in  court,  as  aforesaid,  the 
railroad  company  shall  deposit  the  amount  of  the  award  made  by  the  referees  with 
the  court  to  abide  the  judgment  thereof,  and  then  have  the  right  to  enter  upon  the 
property  sought  to  be  condemned,  and  proceed  with  the  construction  of  the  railway. 
Each  of  the  referees  shall  receive  for  his  compensation  the  sum  of  four  dollars  per  day 
while  engaged  in  the  hearing  of  any  case  submitted  to  them  under  this  act.  Witnesses 
shall  receive  the  fees  usually  allowed  by  courts  within  the  district  where  such  lands 
are  located.  Costs,  including  compensation  of  the  referees,  shall  be  made  part  of  the  . 
award  or  judgment  and  be  paid  by  such  railroad  company, 

RESEEVED  LANDS. 

30.  The  superintendent  of  the  school,  United  States  Indian  agent,  or 
other  proper  person  connected  with  the  Indian  service,  will  be  desig- 
nated to  determine  the  damages  for  right  of  way  through  such  lands. 

CHARGES     FOR    PASSENGER    AND     FREIGHT     SERVICE    WITHIN    THE 

INDIAN  TERRITORY. 

31.  The  fifth  section  of  the  act  provides  that — 

*  *  *  within  the  Indian  Territory  upon  any  railroad  constructed  under  the  pro- 
visions of  this  act  the  rates  and  charges  for  passenger  and  freight  service,  if  not 
otherwise  prescribed  by  law,  may  be  prescribed  by  the  Secretary  of  the  Interior  from 
time  to  time,  and  the  grants  herein  are  made  upon  condition  that  the  companies 
shall  transport  mails  whenever  required  to  do  so  by  the  Post-Office  Department. 

A  copy  of  the  act  is  hereto  attached. 

[Public— No.  150.] 

AN  ACT  To  provide  for  the  acquiring  of  rights  of  way  by  railroad  companies  through  Indian  reserva- 
tions, Indian  lands,  and  Indian  allotments,  and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  Rouse  of  Eepresentativea  of  the  United  States  of  Amei-ica 
in  Congress  assembled,  That  a  right  of  way  for  a  railway,  telegraph  and  telephone 
line  through  any  Indian  reservation  in  any  State  or  Territory,  or  through  auj'  lands 
held  by  an  Indian  tribe  or  nation  in  Indian  Territory,  or  through  any  lands  reserved 
for  an  Indian  agency  or  for  other  purposes  in  connection  with  the  Indian  service,  or 
through  any  lands  which  have  been  alloted  in  severalty  to  any  individual  Indian 
under  any  law  or  treaty,  but  which  have  not  been  conveyed  to  the  allottee  with  full 


10 

power  of  alionation,  in  hereby  f^ratitcd  to  any  rnilrnad  company  orfranized  under  the 
lawd  of  the  United  Stnti^s,  or  of  any  State  or  Territory,  which  nhall  comply  with  the 
provisions  of  this  itct  and  siicb  rules  and  rcguhitions  aa  may  be  ]ires<-ribed  then*- 
under :  Provided,  That  no  rif^ht  of  way  Hhall  be  ^nintod  under  this  act  until  the  Secre- 
tary of  the  Interior  is  satisfied  that  the  company  ajtplyin);  has  made  said  application 
in  good  faith  and  with  intent  and  ability  to  couMtruct  naid  mad,  and  in  case  objer- 
tion  to  the  granting  of  such  right  of  way  shall  be  made,  said  Secretary  nhall  afford 
the  parties  so  objecting  a  full  opportunity  to  be  heard :  Provided  further,  That  where 
a  railroad  has  heretofore  been  constructed,  or  is  in  actual  course  of  construction,  no 
parallel  right  of  way  within  ten  miles  on  either  side  shall  be  granted  by  the  Secre> 
tAry  of  the  Interior  unless,  in  his  opinion,  public  interest  will  be  promoted  thereby. 

Sec.  2.  That  such  right  of  way  shall  not  exceed  fifty  feet  in  width  on  each  side  of 
the  center  line  of  the  road,  except  where  there  are  heavy  cuts  and  tills,  whcu  it  shall 
not  exceed  one  hundred  feet  in  width  on  each  side  of  the  road,  and  may  include 
ground  adjacent  thereto  for  station  buildin<;s,  depots,  machine  shops,  side  tracks, 
turn-outs,  and  water  stations,  not  to  exceed  one  hundred  feet  in  width  by  a  length 
of  two  thousand  feet,  and  not  more  than  one  station  to  be  located  within  any  one 
continuous  length  of  ten  miles  of  roa<l :  Provided,  That  this  section  shall  apply  to  all 
rights  of  way  heretofore  granted  to  railroads  in  the  Indian  Territory  where  no 
provisions  defining  the  width  of  the  rights  of  way  are  set  out  in  the  act  granting 
the  same. 

Sec.  3.  That  the  line  of  route  of  said  road  may  be  surveyed  and  located  through 
and  across  any  of  said  lands  at  any  time,  upon  permission  therefor  being  obtained 
from  the  Secretary  of  the  Interior;  but  before  the  grant  of  such  right  of  way  shall 
become  effective  a  map  of  the  survey  of  the  line  or  route  of  said  road  must  be  filed 
with  and  approved  by  the  Secretary  of  the  Interior,  and  the  company  must  make 
payment  to  the  Secretary  of  the  Interior  for  the  benefit  of  the  tribe  or  nation,  of  full 
compensation  for  -such  right  of  way,  including  all  damage  to  improvements  and 
adjacent  lands,  which  compensation  shall  be  determined  and  paid  under  the  direc- 
tion of  the  Secretary  of  the  Interior,  in  such  manner  as  he  may  prescribe.  Before 
any  such  railroad  shall  be  constructed  through  any  land,  claim,  or  improvement 
held  by  individual  occupants  or  allottees  in  pursuance  of  any  treaties  or  laws  of  the 
United  States,  compensation  shall  be  made  to  such  occupant  or  allottee  for  all 
property  to  be  taken,  or  damage  done,  by  reason  of  the  construction  of  such 
railroad.  In  case  of  failure  to  make  amicable  settlement  with  any  such  occu- 
pant or  allottee,  such  compensation  shall  be  determined  by  the  appraisement  of 
three  disinterested  referees,  to  be  appointed  by  the  Secretary  of  the  Interior,  who, 
before  entering  upon  the  duties  of  their  appointment,  shall  take  and  subscribe  before 
competent  authority  an  oath  that  they  will  faithfully  and  Impartially  discbarge  the 
duties  of  their  appointment,  which  oath,  duly  certified,  shall  be  returned  with  their 
award  to  the  Secretary  of  the  Interior.  If  the  referees  can  not  agree,  then  any  two 
of  them  are  authorized  to  make  the  award.  Either  party  being  dissatisfied  with 
the  finding  of  the  referees  shall  have  the  right  within  sixty  days  after  the  making 
of  the  award  and  notice  of  the  same,  to  appeal,  in  case  the  land  in  <iuestion  is  in  the 
Indian  Territory,  by  original  petition  to  the  United  States  court  in  the  Indian  Ter- 
ritory sitting  at  the  place  nearest  and  most  convenient  to  the  property  sought  to  be 
condemned;  and  if  said  land  is  situated  in  any  State  or  Territory  other  than  the 
Indian  Territory,  then  to  the  United  States  district  court  for  such  State  or  Territory, 
where  the  case  shall  be  tried  de  novo  and  the  judgment  for  damages  rendere<l  by 
the  court  shall  be  final  and  conclusive.  When  proceedings  are  commenced  in  court 
as  aforesaid,  the  railroad  company  shall  deposit  the  amount  of  the  award  made  by 
the  referees  with  the  court  to  abide  the  judgment  thereof,  and  then  have  the  right 
to  enter  upon  the  property  sought  to  be  condemned  and  proceed  with  the  construc- 
tion of  the  railway.  Each  of  the  referees  shall  receive  for  his  compensation  the  sum 
of  four  dollars  per  day  while  engaged  in  the  hearing  of  any  case  sabmitted  to  them 


€ 


11 

under  this  act.  Witnesses  shall  receive  the  fees  usually  allowed  by  courts  within 
the  district  where  such  laud  is  located.  Cosrs,  including  coniiit-nsation  of  the  ref- 
erees, shall  be  made  part  of  the  award  or  judgment,  and  be  paid  by  such  lailroad 
company. 

Sec.  4.  That  if  any  such  company  shall  fail  to  construct  and  put  in  operation  one- 
tenth  of  its  entire  line  in  oue  year,  or  to  complete  its  road  within  three  years  after 
the  approval  of  its  map  of  location  by  the  Secretary  of  the  Interior,  the  right  of  way 
hereby  granted  shall  be  deemed  forfeited  and  abandoned  ipso  facto  as  to  that  por- 
tion of  the  road  not  then  constructed  and  in  operation  :  Provided,  That  the  .Secretary 
may,  when  he  deems  proper,  extend,  for  a  period  not  exceeding  two  years,  the  time 
for  the  completion  of  any  road  for  which  right  of  way  has  been  granted  and  a  part 
of  which  shall  have  been  built. 

8ec.  5.  That  where  a  railroad  is  constructed  under  the  provisions  of  this  act 
through  the  Indian  Territory  there  shall  be  paid  by  the  railroad  company  to  the 
Secretary  of  the  Interior,  for  the  benefit  of  the  particular  nation  or  tribe  through 
whose  lands  the  road  may  be  located,  such  an  annual  charge  as  may  be  prescribed 
y  the  Secretary  of  the  Interior,  not  ^ess  than  fifteen  dollars  for  each  mile  of  road, 

e  same  to  be  paid  so  long  as  said  land  shall  be  owned  and  occupied  by  such  nation 
or  tribe,  which  payment  shall  be  in  addition  to  the  compensation  otherwise  reijuired 
herein.  And  within  the  Indian  Territory  upon  any  railroad  constructed  under 
the  provisions  of  this  act  the  rates  and  charges  for  passenger  and  freight  service,  if 
not  otherwise  prescribed  by  law,  may  be  prescribed  by  the  Secretary  of  the  Inte- 
rior from  time  to  time,  and  tlie  grants  herein  are  made  upon  condition  that  the 
companies  shall  transport  mails  whenever  re(|uired  to  do  so  by  the  Post-Office 
Department. 

Sec.  6.  That  the  provisions  of  section  two  of  the  act  of  March  third,  eighteen 
hundred  and  seventy-five,  entitled  "An  act  granting  to  railroads  the  right  of  way 
through  the  public  lands  of  the  United  States,"  are  hereby  extended  and  made  appli- 
cable to  rights  of  way  granted  under  this  act  and  to  railroad  companies  obtaining 
juch  rights  of  way. 

Sec.  7.  That  the  Secretary  of  the  Interior  shall  make  all  needful  rules  and  regu- 
lations, not  inconsistent  herewith,  for  the  proper  execution  and  carrying  into  eft'ect 
of  all  the  provisions  of  this  act. 

Sec.  8.  That  Congress  hereby  reserves  the  right  at  any  time  to  alter,  amend,  or 
repeal  this  act,  or  any  portion  thereof. 

Approved,  March  2,  1899. 

I  CASES   NOT   COVERED   BY   THESE   REGULATIONS. 

32.  If  in  the  administration  of  said  act  cases  are  found  wliich  are 
not  covered  by  tliese  regulations,  such  cases  will  be  disposed  of  accord- 
ing to  their  respective  merits  under  special  instructions,  or  supplemen- 
tal regulations  embracing  cases  of  that  character  will  be  adopted,  as 
may  seem  necessary. 

Very  respectfully,  W.  A.  Jones, 

Commissioner. 
Approved : 

E.  A.  Hitchcock,  Secretary. 


12 

FOliMS  FOR  PROOF  OF  ORGANIZATIOS  OF  COMPANY  AND  VERIFICATION 
OF  MAPS  OF  LOCATION  AND  CONSTRUCTION  OF  RAILROADS. 

(1.) 

I, ,  secrotary  [or  president]  of  the  Railroad  Company,  do 

hereby  certify  that  the  organization  of  «ai(l  company  ha«  been  completed;  that  the 
coni]>any  is  fully  authorized  to  proceed  with  the  construction  of  the  road  according 
to  the  existing  laws  of  the  State  [or  Territory],  and  that  the  copy  of  the  articles 
of  association  [or  incorporation]  of  the  company  herewith  [or  heretofore  filed  in 
the  Department  of  the  Interior]  is  a  true  and  coiTect  copy. 

In  witness  whereof  I  hikve  hereunto  set  my  name  and  the  corporate  seal  of  the 
company. 

[SEAU]  , 


of  the  Railroad  Companjf. 


(2.) 
State  of , 


County  of  ■ 


,  being  duly  sworn,  says  that  he  is  the  president  of  the Railroad 

Company,  and  that  the  following  is  a  true  list  of  the  officers  of  tlie  said  company, 
with  the  full  name  and  official  designation  of  each,  to  wit:  [Here  insert  the  full 
name  and  official  designation  of  each  officer.] 

[!>EAL  OF  COMPANY.]  , 

President  of  the  Company. 
(3.) 


State  of 


County  of ,  ««; 

-,  being  duly  sworn,  says  he  is  the  chief  engineer  of  [or  is  the  per- 


son emi)loyed  to  survey  the  line  of  route  of  the  road  of]  the Railroad  Company ; 

that  the  survey  of  the  line  of  route  of  said  road  from to ,  a  distance 

of miles,  was  made  by  him  [or  under  his  direction]  as  chief  engineer  of  the 

company  [or  as  surveyor  employed  bj*  the  company]  and  under  its  authority,  com- 
mencing on  the day  of ,  18 — ,  and  ending  on  the day  of ,  18 — ; 

and  that  snch  survey  is  accurately  represented  on  the  accompanying  map. 


Sworn  and  snbscribed  to  before  me  this day  of ,  18- 

[seal.] 


Notqry  Public. 

(4.) 

I, ,  do  hereby  certify  that  I  am  the  president  of  the Railroad 

Company;  that ,  who  subscribed  the  foregoing  affidavit,  is  the  chief 

engineer  of  [or  was  employed  to  make  the  survey  by]  the  said  company ;  that  the 
survey  of  line  of  route  of  the  company's  road,  as  accurately  reprejsented  on  the 
accompanying  map,  was  made  under  authority  of  the  company;  that  the  said  lino 
of  route  so  surveyed  and  as  represented  on  the  said  map  was  adopted  by  the  com- 
pany by  resolution. of  its  board  of  directors  on  the day  of ,  18—,  as  the 

definite  location  of  the  road  from to ,  a  distance  of miles;  and 

that  the  map  has  been  prepared  to  be  filed  for  the  ap])roval  of  the  Secretary  of  the 
Interior,  in  order  that  the  company  may  obtain  the  beuctit^i  of  the  act  of  Congress 


13 

approved  March  2,  1899,  entitled  "An  act  to  provide  for  the  acquiring  of  rights  of 
way  by  railroad  companies  through  Indian  reservations,  Indian  lands,  and  Indian 
allotments,  and  for  other  purposes." 


Attest : 


Secretary, 
[skal  of  company.] 

State  of , 


President  of  the Uailroad  Company. 


C5.) 


#' 


County  of ,  ss: 

,  being  duly  sworn,  says  that  he  is  the  chief  engineer  of  [or  was 

employed  to  construct  the  road  of]  the Kailroad  Company ;  that  said  road  has 

been  constructed  under  his  supervision  from  to ,  a  distance  of — 

miles;  that  its  construction  was  commenced  on  the day  of ,  18 — ,  and  liu- 

h«d  on  the day  of ,  18 — ;  that  tlie  line  of  constructed  road  conforms  to 

e  line  of  located  route  which  received  the  approval  of  the  Secretary  of  the  Inte- 
rior on  the day  of ,  18 — . 


Sworn  and  subscribed  to  before  me  this day  of ,  18 — . 

[seal.]  — 


Notary  I'ublic. 

(6.) 

I, ,  do  hereby  certify  that  1  am  the  president  of  the Railroad 

Company;  that  the  portion  of  the  road  from  to ,  a  distance  of ■ 

miles,  was  actually  constructed  as  set  forth  in  the  foregoing  affidavit  of  - 


chief  engineer,  or  the  person  employed  by  the  company  in  the  premises;  that  in  its 
construction  the  road  does  not  deviate  from  the  line  of  route  approved  by  the  Secre- 
tary of  the  Interior  on  tlie day  of ,  18 — ,  and  that  the  company  has  in  all 

things  complied  with  the  requiremeuts  of  the  act  of  Congress  approved  March  2, 
1899,  granting  to  railroads  the  right  of  way  through  Indian  reservations,  Indian 
lands,  and  Indian  allotments. 


Attest : 


Secretary. 
[seal  of  company.] 

State  of , 


Fresident  of  the Uailroad  Company. 


(7) 


County  of  ■ 


,  being  duly  sworn,  says  he  is  the  chief  engineer  of  [or  the  person 

employed  by]  the Kailroad  Company,  under  whose  supervision  tliesur\ey  was 

made  of  the  grounds  selected  by  the  company  for  [station,  buildings,  depots,  etc., 
as  the  case  may  be],  under  the  act  of  Congress  approved  March  2,  1899,  granting  to 
railroad  companies  tlie  right  of  way  through  Indian  reservations,  Indian  lands,  and 

Indian  allotments;  said  grounds  being  situated  in  the (juiirterof  section 

of  township ,  of  range ,  in  the  State  [or  Territory]  of :  that 

the  accompanying  plat  accurately  rei)resents  the  surveyed  limits  and  area  of  the 

grounds  so  selected,  and  that  the  area  of  the  ground  so  selected  andsurveyed  is 

acres  and  no  more;  that  the  company  has  occupied  no  otlier  grounds  for  similar 


14 

purposes  upon  pnblic  laiuln  within  the  nection  of  t«n  niilen  for  wbioh  thin  nelection  is 
made;  and  that,  in  hin  boliof,  the  ^(rounds  so  selected  and  sun'cyed,  and  repreH«nt«<l, 
are  actually  and  to  their  entire  extent  roquired  by  the  company  for  the  necessary 
uses  contemplated  by  said  act  of  Congress  approved  March  2,  \SW. 


Sworn  and  subscribed  to  before  me  this day  of ,  18 — . 

[8BAL.]  — 


Notary  Public. 

(8) 

I, ,  do  hereby  certify  that  I  am  the  president  of  the Railroad 

Company;  that  the  survey  of  the  tract  represented  on  the  accompanying  plat  was 
made  under  authority  and  by  direction  of  the  company,  and  under  the  superviHiim 

of ,  its  chief  engineer  [or  the  person  employed  in  the  premises],  whose 

affidavit  precedes  this  certificate;  that  the  survey  as  represented  on  the  accompa- 
nying plat  actually  represents  the  grounds  required  in  the quarter  of  sect  in^ 

of  township ,  of  range ,  for  the  purposes  indicated,  iint^ 

to  their  entire  extent,  under  the  act  of  Congress  approved  March  2,  1899,  granting 
to  railroad  companies  the  right  of  way  through  Indian  reservations,  Indian  lands, 
and  Indian  allotments;  that  the  company  has  selected  no  other  grounds  upon  public 
lands,  for  similar  purposes,  within  the  section  of  ten  miles  for  which  this  selection 
is  made;  and  that  the  company,  by  resolution  of  its  board  of  directors,  passed  on 

the day  of ,  18 — ,  directed  the  proper  officers  to  present  tht  said  plat  for 

the  approval  of  the  Secretary  of  the  Interior,  in  order  that  the  company  may  obtain 
the  use  of  the  grounds  described,  under  said  act  api>roved  March  2,  1899. 


President  of  the Railroad  Company. 

Attest : 

,  Secretary. 

[seal  ok  company.] 


jNAL  LIBRARY  FAr!L'''Y 


A     000  964  603     5 


